IPOH: A repeat offender convicted of trespassing got away with a lighter sentence due to a slip-up in the charge that police brought against him.

It was said that the police did not send the investigation papers on Jumahuri Mohamed, 44, a former factory security guard with 15 previous convictions since 1986, to the public prosecutor for advice.

Instead, the case was referred to one of their own officers with the rank of an assistant superintendent, who decided on the charge.

This matter came to light at the High Court here yesterday when Jumahuri was brought to court for a revision of his sentence.

The magistrate who sentenced him wrote to judge Datuk V.T. Singham stating that she had punished him beyond what was stipulated under the Penal Code.
The magistrate had sentenced him to four years' jail for house trespass when the maximum sentence allowed was only three years. She therefore requested the High Court to correct her error.

Singham reduced the sentence to three years' jail, but said that the charge was not appropriate for the crime which Jumahuri committed on April 24.

He pointed out to deputy public prosecutor Aiza Khairuddin that Jumahuri should have been charged with a more serious offence of house trespass and theft under Section 451 of the Penal Code, which carries a higher jail term of up to seven years, and not with mere house trespass under Section 448, where the maximum jail term was three years or a fine of RM5,000, or both.

"Why did the public prosecutor's office use Section 448 to charge him?

"Why not Section 451 which would be more appropriate in this case?" Singham asked.

"Don't you agree that Section 451 is the right provision to use?"

Aiza conceded that Section 451 was the appropriate provision compared to Section 448, as Jumahuri had trespassed and committed theft.

She, however, pointed out that the police did not refer the investigation papers to the public prosecutor's office for direction.

"The police sought direction from their own officer, who instructed that Jumahuri be charged under Section 448," she said, adding that the officer who gave the direction was ASP Shazeli Kahar.

Singham remarked that it appeared as though the investigating agency had also acted as the public prosecutor.

"This is how criminals get away with lighter sentences due to such slip-ups.

"They should have asked for direction from the public prosecutor's office before charging suspects," he said.

Singham then told Jumahuri that he was lucky the investigation papers were not referred to the deputy public prosecutor.

Or else, he would be sentenced to seven years' jail for his crime.